I just got off the phone with vibrant Smile to attempt to cancel and get a refund and they have changed their agreements online subsequent to my ordering.
I have the original agreement (pertinent parts below) which they e-mailed me upon signign up for the trial which clearly states I had 35 days to "try" the product before getting hit with a 114 dollar member ship charge.in this case they waited only 5 days (now their web site says 3 days) before they hit me with not a 114 dollar charge but a 126 dollar charge.
I told them I had the charges removed and they said they would provide proof to reinstate them. I am adamant that they have no proof that is honest and I insist that the charges NOT be reinstated. They were very rude and almost gloated that I had no recourse. I asked how can anyone get mailed to them and try a teeth whitening product and decide in 5 days? They hung up on me. I trust this will show (i can post the whole e-mail if needed) that the agreement said clearly 35 days to cancel before charging whole amount not 3 days which is unrealistic and not what was stated:
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5. Membership Fees. Upon registering, providing the requisite Registration Data and ordering the VibrantSmileKit ™ Products, the credit or debit card that you provided during registration or updated at a later date ("Active Credit Card") will be charged a non-refundable reduced shipping and handling fee of Two Dollars and Ninety-Five Cents ($2.95) ("Shipping and Handling Fee") to send a one (1) month supply of VibrantSmileKit™ Products directly to your home. Thirty Five days after the date you order, you will be charged One Hundred Fourteen Dollars and Sixty-Nine cents ($114.69) non-refundable for joining our one year our Member program. As a Member, for the next 12 months you can request a 30 DAY SUPPLY OF VibrantSmileKit™ at any time and only pay Shipping and handling of Four Dollars and Ninety-Five Cents ($4.95). You may claim an unlimited amount of VibrantSmileKit™ Bottles a year but each 30 day bottle must be shipped and billed separately. Please note that where the initial delivery of the VibrantSmileKit™ Products is returned due to an invalid or incorrect mailing address provided by you during registration, any re-shipment of the VibrantSmileKit™ Products will incur an additional non-refundable Shipping and Handling Fee. We will use commercially reasonable efforts to ship your initial installment of VibrantSmileKit ™ Products within seven (7) days to the shipping address that you provided during registration. Orders to shipping addresses located in: (a) the United States will be shipped via UPS Mail Innovations; (b) Canada will be shipped via Canada Post; (c) the United Kingdom will be shipped via Royal Mail and La Poste; and (d) Australia will be shipped via Australian post.
To take advantage of the Membership period, you can contact us by reaching our online service support or using our customer service site www.vibrantsmilemembers.com to request a fresh 30 day supply. Your next (1) month supply of VibrantSmileKit™ Products will be shipped within 24 hours after placing your request for the product. You hereby authorize VibrantSmileKit™ (or its partners, affiliates and/or agents) to charge your Active Credit Card all such fees associated with Membership on a monthly basis. You acknowledge and agree that VibrantSmileKit™ will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card.in addition, you do not hold VibrantSmileKit™ responsible for any overdraft charges or fees which you might incur during the ongoing Membership.
All fees are payable in United States currency. For so long as your Membership is active, you will be billed, and you will be required to pay, all applicable charges. Failure to use the VibrantSmileKit™ Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of VibrantSmileKit™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), VibrantSmileKit™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the VibrantSmileKit™ Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
VibrantSmileKit's™ authorization to provide and bill for the VibrantSmileKit™ Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. VibrantSmileKit ™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Member account may be deactivated, and access to the Site denied, for non-payment.
6. Cancellation of Membership. You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership you must contact VibrantSmileKit™ customer service by contacting VibrantSmileKit™ via telephone at (888) 332-4681, Monday through Friday, 5:00 AM - 8:00 PM, MST. Saturday 8:00 AM - 5:00 PM, MST. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. If you decide to cancel your Membership prior to the expiration of the fourteen (35) day Trial Membership period, your Active Credit Card will not be charged the fee of One Hundred Fourteen Dollars and Sixty-Nine cents ($114.69) at the end of the Trial Membership period. The following conditions apply to any cancellation: (a) you shall not receive any pro-rata refund of your Monthly Fees for partial months; (b) you shall not receive any refund for the Shipping and Handling Fee or Foreign Shipping and Handling Fee, as applicable; and (c) you shall not receive any refund for amounts previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by VibrantSmileKit™. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with VibrantSmileKit™. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 8 hereinbelow shall immediately terminate.
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